HOROWITZ v. ALLIANCE HOME HEALTH, INC.

No. 94357.

32 P.3d 825 (2001)

2001 OK 45

Andrew HOROWITZ, Plaintiff/Appellee, v. ALLIANCE HOME HEALTH, INC., now merged into Amedisys, Inc., and Carolyn Salyards, Defendants, and Amedisys, Inc., a Delaware corporation, Intervenor/Appellant.

Supreme Court of Oklahoma.

Rehearing Denied September 18, 2001.


Attorney(s) appearing for the Case

David H. Sanders, Frank D. Spiegelberg, Tulsa, Oklahoma, for appellee.

Neal Tomlins, Ronald E. Goins, Tomlins & Goins, Tulsa Oklahoma, for appellant.

J. Michael Medina, Tulsa, Oklahoma, for appellant.


HODGES, J.

¶ 1 Certiorari has been granted to review whether the trial court abused its discretion by refusing to grant a motion to vacate a default judgment and entering summary judgment on that motion against the party who sought vacation. This Court holds that the motion to vacate should have been granted. The Court of Civil Appeals opinion holding to the contrary is vacated. The cause is remanded to the district court...

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